Sue Lines (President) | Hansard source

The question is that the Greens amendments on sheet 2641 revised be agreed to.

Australian Greens' circulated amendments—

(1) Schedule 1, item 5, page 3 (line 19), omit "1 May 2028", substitute "1 May 2026".

(2) Schedule 1, item 9, page 4 (line 9), omit "1 May 2028", substitute "1 May 2026".

(3) Page 11 (after line 18), at the end of the Bill, add:

Schedule 2 — Quotas for the live export of sheep

Part 1 — Amendments to the Export Control Act 2020

Export Control Act 2020

1 At the end of subsection 376(1)

Add:

; (e) Subsection 424AA(2).

2 Subsection 381(1) (after table item 76)

Add:

3 At the end of Division 6 of Part 6 of Chapter 11

Add:

424AA Allocation for export of sheep

Total allocation

(1) The total allocation for the export of sheep by sea is:

(a) for the period beginning on the commencement of Schedule 2 to the Export Control Amendment (Ending Live Sheep Exports by Sea) Act 2024 and ending on 31 May 2025—400,000 sheep;

(b) for the period beginning on 1 June 2025 and ending on 30 April 2026—200,000 sheep.

Application for individual allocation

(2) If the holder of an export licence to carry out export operations in relation to livestock intends to export one or more consignments of sheep during a period referred to in subsection (1) they may apply to the Secretary under this section for an allocation (an individual allocation) for that period.

Note: Section 379 sets out requirements for applications.

Secretary must give individual allocation to applicant

(3) If the Secretary receives an application under subsection (2), the Secretary must give the holder of the export licence an individual allocation for the intended export.

Note 1: The allocation may be zero sheep.

Note 2: A decision to give an individual allocation is a reviewable decision (see Part 2 of Chapter 11) and the Secretary must give the person written notice of the decision (see section 382).

(4) The Secretary must, to the extent practicable, give a greater individual allocation to exporters whose animal health and welfare record does not raise concerns, or in relation to whom the Secretary does not have reasonable grounds to believe that any future export of the exporter will raise animal health and welfare concerns, than to other exporters.

Note: The Secretary is not required to deal with applications under subsection (2) in the order in which the applications are received by the Secretary.

(5) In considering whether animal welfare concerns may exist under subsection (4), the Secretary must have regard to the following:

(a) if the holder of the export licence who made the application has previously exported sheep from Australia—the animal health and welfare record of the holder;

(b) any other matter relevant to the health and welfare of sheep;

(c) any other matter the Secretary considers relevant;

(d) any other matter prescribed by the rules.

Variation of individual allocation

(6) The Secretary may vary the individual allocation given to a person under subsection (3).

Note: A decision to vary an individual allocation is a reviewable decision (see Part 2 of Chapter 11) and the Secretary must give the person written notice of the decision (see section 382).

(7) In considering whether it is necessary to vary an individual allocation, the Secretary must have regard to the matters prescribed by the rules.

Total number of sheep in individual allocations cannot exceed total allocation

(8) The number of sheep included in the total number of individual allocations given by the Secretary under subsection (3) for a period cannot exceed the total allocation for that period.

Obligation of holder of individual allocation

(9) A person who has been given an individual allocation for a period under subsection (3) must not export more than the total number of sheep included in that allocation during that period.

Holder of export licence must comply with this section

(10) An export licence to carry out export operations in relation to livestock is subject to the condition that the holder of the licence must comply with this section.

Note 1: The holder of an export licence may commit an offence or be liable to a civil penalty if a condition of the licence is contravened (see section 217).

Note 2: An export licence may be suspended or revoked if a condition of the licence is contravened (see sections 205 and 212).

Part 2 — Amendments to the Export Control (Animals) Rules 2021

Export Control (Animals) Rules 2021

4 Section 2-3 (after table item 4)

Insert:

5 Section 2-7

After "applies in relation to prescribed livestock", insert ", other than sheep,".

6 Before paragraph 7-1(2)(a)

Insert:

(aa) if the export permit is for a consignment of sheep by sea—an individual allocation for the relevant period has been received from the Secretary under subsection 424AA(3) of the Act.

7 After subsection 8-3(1)

Insert:

(1A) A notice of intention to export a consignment of sheep by sea may not be given if the person who intends to export the consignment has not received an individual allocation from the Secretary under subsection 424AA(3) of the Act.

Part 3 — Application and transitional provisions

8 Application of amendments

(1) The amendments of the Export Control Act 2020 and the Export Control (Animals) Rules 2021 made by this Schedule apply in relation to:

(a) an export licence to carry out export operations in relation to livestock that is in force on or after the commencement of this item, whether the licence was granted before, on or after that commencement; and

(b) an act or omission occurring on or after the commencement of this item.

9 Transitional rules

(1) The Secretary may, by legislative instrument, make rules for or in relation to matters of a transitional nature (including provision for any saving or application provisions) relating to the amendments or repeals made by this Act.

(2) To avoid doubt, the rules may not do the following:

(a) create an offence or civil penalty;

(b) provide powers of:

(i) arrest or detention; or

(ii) entry, search or seizure;

(c) impose a tax;

(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

(e) directly amend the text of this Act.

(3) Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to rules made for the purposes of this item.

(4) Page 11 (after line 18), at the end of the Bill, add:

Schedule 3 — Secretary's approved export programs for the live export of sheep

Part 1 — Amendments

Export Control Act 2020

1 After subsection 311

Insert:

311A Approvals of programs of export operations for export of sheep

Secretary's obligation to ensure certain exports covered by approved export program

(1) The Secretary must ensure that every export, or intended export, of sheep by sea is covered by a program of export operations to be carried out by an authorised officer and an accredited veterinarian for the purpose of ensuring the health and welfare of the sheep.

(2) Without limiting the export operations that may be carried out in a program referred to in subsection (1), those export operations must:

(a) be carried out in a manner that is objective, independent, fair and accurate; and

(b) include:

(i) monitoring the health and welfare of sheep;

(ii) examining, testing or treating sheep;

(iii) keeping records of the implementation of the program;

(iv) making declarations attesting to the completion of the requirements of the program; and

(v) public reporting on the implementation and completion of the program.

Program may be undertaken within or outside Australian territory

(3) A program of export operations referred to in subsection (1) may be undertaken within or outside Australian territory.

Expiry date

(4) The Secretary may, if the Secretary considers it appropriate, set an expiry date for an approved export program referred to in subsection (1).

(5) An export program referred to in subsection (1) remains in force:

(a) if there is an expiry date for the export program—until that expiry date unless the program is revoked; or

(b) if there is no expiry date for the program—until the program is revoked.

Secretary may vary approved export program

(6) The Secretary may vary an approved export program referred to in subsection (1) if the Secretary is satisfied that the approved export program, as proposed to be varied, is for the purpose of ensuring the health and welfare of the sheep in the course of export operations to which the approved export program relates.

(7) If the Secretary varies an approved export program under subsection (6), the Secretary must, in writing, notify the exporters to whose export operations the approved export program relates.

(8) The notice under subsection (7) must state:

(a) details of the variation; and

(b) the day the variation takes effect.

Secretary may approve more than one approved export program

(9) The Secretary may approve more than one program of export operations to be carried out in relation to sheep to be exported by sea by a person.

Part 2 — Application and transitional provisions

2 Application of amendments

(1) The amendments of the Export Control Act 2020 and the Export Control (Animals) Rules 2021 made by this Schedule apply in relation to:

(a) an export licence to carry out export operations in relation to livestock that is in force on or after the commencement of this item, whether the licence was granted before, on or after that commencement; and

(b) an act or omission occurring on or after the commencement of this item.

3 Transitional rules

(1) The Secretary may, by legislative instrument, make rules for or in relation to matters of a transitional nature (including provision for any saving or application provisions) relating to the amendments or repeals made by this Act.

(2) To avoid doubt, the rules may not do the following:

(a) create an offence or civil penalty;

(b) provide powers of:

(i) arrest or detention; or

(ii) entry, search or seizure;

(c) impose a tax;

(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act.

(5) Page 11 (after line 18), at the end of the Bill, add:

Schedule 4 — Northern summer trade prohibition

Part 1 — Amendments

Export Control (Animals) Rules 2021

1 Subdivision B of Division 4 of Part 2 of Chapter 6

Repeal the Subdivision, substitute:

Subdivision B — Prohibition on export to specific places

6-12 Sheep must not be exported to the Northern Hemisphere between 1 May and 31 October

A consignment of sheep must not be exported to the Northern Hemisphere by sea on a vessel that leaves an Australian port between 1 May in a year and 31 October in that year.

2 Subdivision C of Division 4 of Part 2 of Chapter 6

Repeal the Subdivision.

Part 2 — Application and transitional provisions

3 Application of amendments

(1) The amendments of the Export Control Act 2020 and the Export Control (Animals) Rules 2021 made by this Schedule apply in relation to:

(a) an export licence to carry out export operations in relation to livestock that is in force on or after the commencement of this item, whether the licence was granted before, on or after that commencement; and

(b) an act or omission occurring on or after the commencement of this item.

4 Transitional rules

(1) The Secretary may, by legislative instrument, make rules for or in relation to matters of a transitional nature (including provision for any saving or application provisions) relating to the amendments or repeals made by this Act.

(2) To avoid doubt, the rules may not do the following:

(a) create an offence or civil penalty;

(b) provide powers of:

(i) arrest or detention; or

(ii) entry, search or seizure;

(c) impose a tax;

(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

(e) directly amend the text of this Act.

(3) Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to rules made for the purposes of this item.